Smith v. State
Court of Appeals of Texas
Appeal from the District Court of Denton. Tried below before. the Hon, F. E. Finer, A life term in the penitentiary was assessed against the appellant, upon his conviction for murder in the first degree, under an indictment, the charging part of which reads as follows: “ * * * * * That J. M. Smith, on the thirteenth day of October, in the year of our Lord, 1885, with force and arms, in the county and State aforesaid, did then and there unlawfully, wilfully, and with his…
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Appeal from the District Court of Denton. Tried below before. the Hon, F. E. Finer, A life term in the penitentiary was assessed against the appellant, upon his conviction for murder in the first degree, under an indictment, the charging part of which reads as follows: “ * * * * * That J. M. Smith, on the thirteenth day of October, in the year of our Lord, 1885, with force and arms, in the county and State aforesaid, did then and there unlawfully, wilfully, and with his express malice aforethought, kill and murder one I. FT. Fowler, by then and there shooting him, the said I. FT. Fowler, with…
1Opinion of the Court
White, Presiding Judge.
1. Defendant’s motion to quash the indictment was properly overruled, it being in the usual form for murder in the first degree, and sufficiently specific in its allegations. (Willson’s Crim. Forms, No. 388, p. 173.)
2. Defendant made a motion for a change of the venue. One Crutcher made affidavit controverting the two compurgators’ means of knowledge of the facts stated by them in their affidavit in support of the motion. Exceptions to the sufficiency of his affidavit were made by the defendant upon the grounds: 1. That his affidavit did not attack, the credibility of…
2Cases cited1 opinion
- Wade v. De WittTexas Supreme Court · 1857
3Cited by3 opinions
- Clardy v. StateCourt of Criminal Appeals of Texas · 1968
- Armstrong v. StateCourt of Criminal Appeals of Texas · 1931
- Ross v. CooperNorth Dakota Supreme Court · 1916